The CMS click and collect will see my partner’s payments double!

January 31, 2019

My partner has been paying CSA/CMS payments for years now. Every year his ex has tried over and over to get more and more money. He made the stupid mistake of doing overtime the year after my daughter was born to try and make up the huge loss to support my little girl. A year later he got a letter saying they had taken all his overtime into account and the payments surged. After a year of him not doing any overtime his payments were £320 a month. Then we had a letter a few months later saying it would go up to £350…..so had years of it changing constantly. But was reassured that it would stay at £350 as his salary was set in stone. So felt secure enough to have one more child for a sibling for my little girl.

I then heard about the ‘Collect and pay service’….and just knew as soon as his ex clocked it she would go for it. Even though it wouldn’t really benefit her and his payments would double just in charges to the CMS. I am now 36 weeks pregnant and have just had a letter through the door saying that she has decided she wants the collect and pay service and his payments will go up to £600 a month. Straight from his salary. If this happens we will have nothing left in the bank. No food, no clothes. I assumed that they could only do collect and pay if he missed a payment? Surely this is not right? He has been trying to contact the CMS about this since we received the letter and apparently the person he needs to talk to isn’t there…so made to suffer in silence not knowing what will happen to us. As if this is implemented my partner will either have to leave our home in order for me to get help to feed my daughters or leave work. He would have no other choice as we have to eat? I am in a state of shock. I never imagined the payments would go from £350 to £600. As the £350 is the correct amount!! Please help 🙁

Comments

This is a situation in which you must act quickly. Something is rather a miss about the CMS appears to be dong in your case.

I am a CSA/CMS specialist lawyer with 12 years experience. It would be wise to have a consultation to discuss your situation further. Please drop me an email at:[email protected]

Regards
David

Maria on
February 18th, 2019 11:12 am

My partner has just had to move out because we couldn’t make ends meet together. We rented a three bed place so his kids could stay over, then the ex took him for CMS and we couldn’t afford both (there’s a 50 mile commute). His relationship with the kids is suffering, because we can’t afford to do anything nice with them. I’m on maternity leave, having just had my first (and now probably only) baby, if we stayed living together, me and the baby wouldn’t be entitled to our tax credit entitlements under Universal Credit, because they assume the £350 he sends to the ex is made available for me and the baby, which it is not.

Ultimately had no choice but to move him out. We’ve been lucky, he found a room to rent over the road and I’ve said I’ll allow him contact with all his kids over here on weekends… I say “lucky”, but our “2nd” family has almost been torn apart.. and now the State are helping me pay the rent here, costing them more in the long run. All we want are affordable assessments for CMS, and mine and the baby’s usual tax credits entitlements.

Alternatively, we’d have to downsize to a two bedroom and swap roles. If we we’re to downsize and I was to work, we’d be about £800 a month better off. Unfortunately his ex said she would reduce contact if we didn’t have a spare room for them, and my partner wouldn’t like to leave his career. Which is much more developed than mine)

It sucks, but the only solution I can see proving some security for you and the children is for him to move out.

I couldn’t even risk having a joint account with my partner (needed when sharing finances) because CMS will raid that to if there are ever any arrears. Arrears will inevitably accrue if you take any time off sick, it’s ridiculous.

So this Christmas my partner moved out, because we were counting the pennies, and meanwhile mommy treated all the kids to new Iphones, and herself some new tattoos… All this after repeatedly cheating on him and walking out on their marriage. The mind boggles.

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